FEDERAL ENVIRONMENTAL PROTECTION AGENCY ACT

FEDERAL ENVIRONMENTAL PROTECTION AGENCY ACT ARRANGEMENT OF SECTIONS

PART I

Establishment, membership, functions and powers of the Federal Environmental Protection Agency

 

SECTION

1. Establishment of the Federal Environmental Protection Agency.

2. Governing Council of the Agency.

3. Establishment and functions of the Technical Committee.

4. Removal from office of member ofeth Agency.

5. Functions of the Agency.

6. Powers of the Agency to give grants, etc.

7. Power of the President to give directions.

8. Director‐General and other staff of the Agency.

9. Pensions.

10. Powers of the Director‐General.

11. Power to accept gifts, etc.

12. Residences, offices saensd. premi

13. Fund of the Agency.

14. Borrowing power.

15. Annual estimates, accounts and audit.

PART II

National environmental standards Water quality

16. Federal water quality standards.

17. Effluent limitations.

Air quality and atmospheric protection

 

18. Air quality, etc.

 

19. Ozone protection.

Noise

 

20. Noise control.

Hazardous substances

 

21. Discharge of hazardous substances.

22. Spiller’s liability.

23. Removal methods, etc.

24. Co‐operation with the Ministry of Petroleum Resources.

PART III

Establishment of State and local government Environmental Protection Bodies

 

 

 

25. Establishment of State and local government bodies.

PART IV

Supplementary and miscellaneous Enforcement powers

 

 

26. Powers to inspect, etc.

27. Powers to search, seize and arrest.

28. Obstruction of authorised officers.

29. Authorised officers to disclose identity.

30. Procedure in respect of suits against the Agency.

31. Service of documents.

 

32. Restriction on execution against the property of the Agency.

33. Indemnity of members and employees of the Agency.

34. Annual report.

General penalties and legal proceedings

35. Material misrepresentation and impersonation.

36. General penalties.

37. Companies and firms liable.

Miscellaneous

38. Delegation of functions, etc.

39. Repeal, etc.

40. Power to make regulations.

41. Interpretation.

42. Short title.

SCHEDULE

Supplementary provisions relating to the Agency

FEDERAL ENVIRONMENTAL PROTECTION AGENCY ACT

An Act to establish the Federal Environmental Protection Agency with its functions and the powers for the effective implementation of such functions.

[1988 No. 58. 19929N9o. 59. 19 No. 14.]

[30th December, 1988]

[Commencement. ]

 

PART I

Establishment, membership, functions and powers of the Federal Environmental Protection Agency

 

 

1. Establishment of the Federal Environmental Protection Agency

 

(1) There is hereby established a body to be known as the Federal Environmental Protection Agency (in this Act

 

referred to as “the Agency”) which under that name shall bedaybo common seal, and may sue and be sued in its corporate name.

(2) The Agency shall be an integral part of the Presidency.

[1992 No. 59.]

2. Governing Council of the Agency

 

corporate with perpetual succession and a

 

(1) There shall be, as the governing body of the Agency, a Council which shall consist of a chairman to be appointed by the President and the following other members, that is‐

(a) the Permanent Secretaries charged with responsibility for‐

(i) Agriculture and Natural Resources;

(ii) Commerce and Tourism;

(iii) Communications;

(iv) Culture and Tourism;

(v) Education;

(vi) ce; Finan

(vii) Health;

(viii) Industry;

(ix) Petroleum Resources;

(x) Science and Technology;

(xi) Solid Minerals;

(xii) Transport;

(xiii) Works and Housing;

(xiv) Youth and Sports;

 

(b) two other persons from the private sector who shall have distinguished themselves m environmental matters.

(2) …..

[1999 No. 14.]

(3) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceedings of the Agency and the other matters therein mentioned.

[Schedule.]

3. Establishment and functions of the Technical Committee

 

(1) There is hereby established for the Agency, a technical committee to be known as the Federal Environmental Protection Agency Technical Committee (in this Act referred to as “the Technical Committee”).

(2) The Technical Committee shall consist of the following members, that is‐

(a) a chairman who shall be the Director‐General and chief executive of the Agency;

(b) three distinguished persons having wide knowledge and possessing such skills and expertise in environmental matters;

(c) one representative each of the following Ministries not below the rank of a Director, that 1S‐

(i) Agriculture, Water Resources and Rural Development;

(ii) Finance;

(i) Health and Human Services;

(iv) Industries and Technology;

(v) Petroleum and Mineral Resources;

(vi) Works and Housing;

(vii) Transport and Communications;

(viii) Education and Youth Development; and

(d) a representative each of‐

(i) the Manufacturers’ Association of Nigeria; and

(ii) the Nigerian Conservation Foundation.

(3) The functions of the Technical Committee shall be‐

 

(a) to assist and advise the Council and the Agency in the performance of their functions under this Act; and

(b) to give technical opinion on issues referred to it or delegated by the Council.

[1992 No. 59.]

4. Removal from office of member of the Agency

 

The office of a member who is not a public officer shall become vacant if he resigns his office by a letter addressed by him to the President, or if the President is satisfied that it is not in the interest of the Agency for the person appointed to continue in office as a member, in which case the President shall notify the member in writing to that effect.

5. Functions of the Agency

 

The Agency shall, subject to this Act, have responsibility for the protection and development of the environment and biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology, including initiation of policy in relation to environmental research and technology; and without prejudice to the generality of the foregoing, it shall be the duty of the Agency to‐

[1992 No. 59.]

(a) prepare a comprehensive national policy for the protection of the environment and conservation of natural resources, including procedure for environmental impact assessment for all development projects;

(b) prepare, in accordance with the National Policy on the Environment, periodic master plans for the development of environmental science and technology and advise the Federal

Government on the financial requirements for the implementation of such plans;

(c) advise‐

(i) the Federal Government on national environmental policies and priorities, the conservation of natural resources and sustainable development, and scientific and

technological activities affecting the environment and natural resources;

(ii) the President on the utilisation of the one per cent Ecological Fund for the

protection ofeth environment;

(d) promote co‐operation in environmental science and conservation technology with similar bodies in other countries and with international bodies connected with the protection of the environment and the conservation of natural resources;

(e) co‐operate with Federal and State Ministries, local governments, statutory bodies and research agencies on matters and facilities relating to the protection of the environment and the conservation of natural resources; and

(f) carry out such other activities as are necessary or expedient for the full discharge of the functions of the Agency under this Act.

 

[1992 No. 59.]

6. Power of the Agency to give grants, etc.

 

In carrying out the functions prescribed in section 5 of this Act and in other provisions of this Act, it shall be lawful for the Agency to‐

(a) make grants to suitable authorities and bodies with similar functions for demonstration and for such other purposes as may be determined appropriate to further the purposes and

provision of this Act;

(b) collect and make available, through publications and other appropriate means and in co‐ operation with public or private organisations, basic scientific data and other information pertaining totpioonllu and environmental protection matters and the degradation of natural resources;

[1992 No. 59.]

(c) enter into contracts with public or private organisations and individuals for the purpose of executing and fulfilling its functions and responsibilities pursuant to this Act;

 

(d) establish, encourage and promote training programmes for itsdstaff an individuals from public or private organisations;

 

other appropriate

 

(e) enter into agreements with public or private organisations and individuals to develop, utilise, co‐ordinate and share environmental monitoring programmes, research effects, basic data

or chemical, physical and biological effects of various activities on the environment and other environmentally related activities as appropriate;

(f) establish advisory committees composed of administrative, technical or other experts in such environmental areas as the Agency may consider useful and appropriate to assist it in

carrying out the purposes and provisions of this Act;

[1992 No. 59.]

(g) establish such environmental criteria, guidelines, specifications or standards for the protection of the nation’s air and inter‐State waters as may be necessary to protect the health and welfare or the population from environmental degradation;

(h) establish such procedures for industrial or agricultural activities in order to minimise damage to the environment and natural resources from such activities;

[1992 No. 59.]

(i) maintain a programme of technical assistance to bodies (public or private) concerning implementation of natural resources conservation, environmental criteria, guidelines, regulations and standards and monitoring enforcement of the regulations and standards thereof; and

[1992 No. 59.]

 

(j) develop and promote such processes, methods, devices and materials as may be useful or incidental in carrying out the purposes and provisions of this Act.

7. Power of the President to give directions

 

Subject to this Act, the President may give to the Agency directions of a general nature or relating generally to particular matters, but not to any particular individual or case with regard to the performance by the Agency of its functions under this Act and it shall be the duty of the Agency to comply with the directions.

8. Director‐General and other staff of the Agency

 

(1) There shall be appointed by the President a Director‐General of the Agency.

(2) The Director‐General shall be the chief executive of the Agency and shall hold office in the first instance for five years, and thereafter, shall be eligible for re‐appointment for one further term of five years only, on terms and conditions as may be specified in his letter of appointment.

(3) The Agency may appoint such other persons to be employees of the Agency as it may deem fit, on such terms and conditions as may be determined by the Agency.

(4) The Agency shall, with the approval of the President, make staff regulations governing conditions of service of its employees.

(5) The Agency may grant loans to its employees for purposes approved by the President.

9. Pensions

 

(1) It is hereby declared that service in the Agency shall be public service for pthoesepsur of the Pensions Act and

accordingly officers and other such staff of the Agency shall in respect of their services be entitled to such pensions, gratuities and other retirement benefits as are prescribed thereunder.

[Cap. P4.]

(2) For the purposes of the application of the provisions of the Pensions Act, any powers exercisable thereunder by a Minister or other authority of the Government of the Federation (not being the power to make regulations under section 23 thereof) are hereby vested in and shall be exercisable by the Agency and not by any other person or authority.

10. Power ofeth Director‐General

 

The Director‐General shall, subject to the policies laid down by the Agency, develop programmes to carry out the purposes and provisions of this Act and, without prejudice to the generality of the foregoing, shall, in particular and in consultation with appropriate agencies‐

[1992 No. 59.]

(a) establish programmes for the prevention, reduction and elimination of pollution of the nation’s air, land and inter‐State waters, as well as national programmes for restoration and enhancement of the nation’s environment and natural resources;

[1992 No. 59.]

 

(b) encourage and promote the co‐ordination of the conservation of natural resources and environmentally related activities at all levels;

[1992 No. 59.]

(c) utilise and promote the expansion of research, experiments, surveys and studies by public or private agencies, institutions and organisations concerning causes, effects, extent,

prevention, reduction and elimination of pollution and such other matters related to environmental protection and natural resources conservation as the Agency may, from time to time, determine necessary and useful; and

[1992 No. 59.]

(d) conduct public investigations on pollution and the degradation of natural resources.

[1992 No. 59.]

11. wPeor to accept gifts, etc.

 

(1) Subject to subsection (2) of this section, the Agency may accept gifts of land, money, books or other property upon such terms and conditions, if any, as may be specified by the person making the gift.

(2) The Agency shall not accept any gift if the conditions attached thereto by the person making the gift are inconsistent with the functions of the Agency under this Act.

12. Residence, offices and premises

 

(1) For the purposes of providing residential accommodation for its staff, offices and premises as may be considered necessary for the performance of itscftuionns under this Act, the Agency may‐

(a) purchase or take on lease any interest in land; and

(b) build, furnish, equip and maintain residential quarters, offices and premises.

(2) Subject to the Land Use Act, the Agency may, with the approval of the President, sell or lease any residential quarters, land, offices or premises held by it and no longer required for the performance of its functions.

[Cap. L5.]

13. Fund of the Agency

 

(1) The Agency shall establish and maintain a fund from which there shall be defrayed all expenses incurred by the

Agency in the performance ofetnhceyA’sg duties and functions under this Act.

(2) The fund established under subsection (1) of this section shall consist of the following, that is‐

(a) 25 per cent of the one per cent Ecological Fund of the Federation Account;

 

(b) such sums as may, from time to time, be granted to the Agency by the Government of the Federation;

(c) all money raised for the purposes of the Agency by way of gifts, grants‐in‐aid, testamentary dispositions and sale of publications;

(d) subscriptions, fees and charges for services rendered by the Agency and all other sums that may accrue to the Agency from any other source.

[1992 No. 59.]

14. Borrowing power

 

(1) The Agency may, with the consent of the President or in accordance with the general authority given by the Federal Government, borrow by way of loan or overdraft from any source any moneys required by the Agency to meet its obligations and its functions under this Act, so however that no such consent or authority shall be required where the sum or aggregate of the sums involved at any time does not exceed osuucnht am the time being specified in relation to the Agency by the Federal Government.

(2) The Agency may, subject to the provisions of this Act and the conditions of any trust in respect of any property, invest all or any of its funds with the like consent or general authority.

(3) The Agency may invest any of its surplus funds in such securities as may be permitted by law.

15. Annual estimates, accounts, and audit

 

(1) The Agency shall cause to be prepared not later than six months before the end of each year an estimate eof th expenditure and income of the Agency during the next succeeding financial year and, when prepared, they shall be submitted to the Minister.

(2) The Agency shall cause to be kept proper accounts and proper records in relation thereto and, when certified by the Agency, such accounts shall be audited as provided in subsection (3) of this section.

(3) The accounts of the Agency shall be audited as soon as may be practicable after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor‐General for the Federation.

PART II

National environmental standards Water quality

16. Federal water quality standards

 

(1) The Agency shall make recommendations to the President for the purpose of establishing

water quality standards for the inter‐State waters of Nigeria to protect the public health or welfare and enhance

the quality of water to servertphoesepsu of this Act.

 

(2) In establishing such standards, the Agency shall take into consideration the use and value for public water supplies, propagation of fish and wildlife, recreational purposes, agricultural, industrial and other legitimate uses.

(3) The Agency shall establish different water quality standards for different uses.

17. Effluent limitations

 

(1) The Agency shall, as soon as possible after the commencement of this Act, establish effluent limitations for new point sources which shall require application of the best control technology currently available and implementation of the best management practices.

(2) The Agency shall, as soon as possible after the commencement of this Act, establish effluent limitations for existing point sources which shall require the application of the best management practices under circumstances as determined by the Agency, and shall include schedules of compliance for installation and operation of the best practicable control technology as determined by the Agency.

Air quality and atmospheric protection

 

18. Air quality, etc.

 

(1) The Agency shall establish more criteria, guidelines, specifications and standards to protect and enhance the quality of Nigeria’s air resources so as to promote the public health or welfare and the normal development and productive capacity of the nation’s human, animal or plant life, andcilnude in particular‐

(a) minimum essential air quality standards for human, animal or plant health;

(b) the control of concentration of substances in the air which separately or in combination are likely to result in damage or deterioration of property or of human, animal or plant health;

 

(c) the most appropriate means to prevent and combat various forms of atmospheric pollution;

 

(d) controls for atmospheric pollution originating from energy sources, including that produced by aircraft and other self‐propelled vehicles and in factories and power generation stations;

(e) standards applicable to emission from any new mobile source whicheinctyh’es Ag judgement causes or contributes to air pollution which may reasonably be anticipated to endanger public health or welfare; and

(f) the use of appropriate means to reduce emission to permissible levels.

(2) The Agency may establish monitoring stations or networks to locate sources of atmospheric pollution and determine their actual or potential danger.

19. Ozone protection

 

(1) The Agency shall undertake to study data and recognise developments in international force and other countries regarding the cumulative effect of all substances, practices, processes and activities which may affect the stratosphere, especially ozone in the stratosphere.

 

(2) The Agency may make recommendations and programmes for the control of any substance, practice, process or activity which may reasonably be anticipated to affect the stratosphere, especially ozone in the stratosphere, when such effect may reasonably be anticipated to endanger public health or welfare.

(3) For the purposes of this section, “stratosphere” means that part of the atmosphere above the troposphere.

Noise

 

20. Noise control

 

(1) The Agency shall, as soon as practicable after the commencement of this Act, in consultation with appropriate authorities‐

(a) identify major noise sources, noise criteria and noise control technology; and

(b) establish such enmoiseentabat programmes and noise emission standards as it may

determine necessary to preserve and maintain public health or welfare.

(2) Any noise criteria identified under this section shall reflect the scientific knowledge most useful in indicating the

 

kind and extent of all identifiable effects on the public health or iwchelfare wh qualities and quantities of noise.

 

may be expected from differing

 

(3) The Agency shall make recommendations to control noise originating form industrial, commercial, domestic, sports, recreational, transportation or other similar activities.

Hazardous substances

 

21. Discharge of hazardous substances

 

(1) The discharge in such harmful quantities of any hazardous substance into the air or upon the land and the waters of Nigeria or at the adjoining shorelines is prohibited, except where such discharge is permitted or authorised under any law in force in Nigeria.

(2) Any person who violates the provisions of subsection (1) of this section commits an doffence an shall

on conviction be liable to a fine not exceeding N 100, 000 or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment.

(3) Where an offence under subsection (1) of this section is committed by a body corporate it shall on conviction be liable to a fine not exceeding N 500, 000 and an additional fine of N 1, 000 for every day the offence subsists.

(4) Where any offence under this Act has been committed by a body corporate, the body corporate and every person who at the time the offence was committed was in charge of, or was responsible to the body corporate for the conduct of the business of the body corporate, shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this subsection shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

 

(5) The Agency shall, as soon as possible after the commencement of this Act, determine for the purposes of this section what substances are hazardous substances and such hazardous substances, the discharge of which shall be harmful under the circumstances to public health or welfare and, for this purpose, the Agency shall take into account such special circumstances including locations, quantity and climatic conditions relating to discharge as it may determine appropriate.

(6) Notwithstanding the provisions of this section or of any other sections of this Act the provisions of the Harmful Waste (Special Criminal Provisions, etc.) Act shall apply in respect of any hazardous substance constituting harmful waste as defined in section 15 thereof.

[Cap. Hl.]

22. Spiller’s liability

 

(1) Except where an owner or operator can prove that a discharge was caused solely by a natural disaster or an act

of war or by sabotage, such owner or operatoryof an vessel or onshore or offshore facility from which the

hazardous substance is discharged in violation of section 21 of this Act, shall in addition to the penalty specified in that section be liable for‐

(a) the cost of removal thereof, including any costs which may be incurred byyan Government

body or agency in the restoration or replacement of natural resources damaged or destroyed as a result of the discharge; and

(b) costs of third parties in the form of reparation, restoration, restitution or compensation as may be determined by the Agency from time to time.

(2) The owner or operator or a vessel or onshore or offshore facility from which there is a discharge in violation of section 21 of this Act shall, to the fullest extent possible, act to mitigate the damage by‐

(a) giving immediate notice of the discharge to the Agency and laenvyanother re agencies;

(b) beginning immediate clean‐up operations following the best available clean‐up practice and removal methods as may be prescribed by regulations made under section 23 of this Act; and

(c) promptly complying with such other directions as the Agency may, from time to time, prescribe.

23. Removal methods, etc.

The President for purposes of this Part of this Act may, by regulations, prescribe any specific removal methods, national contingency plans, financial responsibility levels for owners or operators of vessels, or onshore or offshore facilities, notice and reporting requirements, penalties and compensation as he may determine necessary to minimise pollution by any hazardous substance.

24. Co‐operation with the Ministry of Petroleum Resources

 

The Agency shall co‐operate with the Ministry of Petroleum Resources (Department of Petroleum Resources) for the removal of oil‐related pollutants discharged into the Nigerian environment and play such supportive role as the Ministry of Petroleum Resources (Department of Petroleum Resources) may, from time to time, request from the Agency.

 

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